Debts Recovery Tribunal Procedure for Investigation of Misbehaviour

Dated 3rd November, 2016 | Copy of | Notification |

  In exercise of powers conferred by clause (b) of sub-section (2) of section 36 read with sub-section 3 of section 15 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (51 of 1993), the Central Government hereby makes following rules further to amend the Debts Recovery Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) Rules, 2010, namely:-

1. Short title and commencement.– (1) These rules shall be called the Debts Recovery Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) (Amendment) Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Debts Recovery Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) Rules, 2010, after rule 4, the following rule shall be inserted, namely:–

“4A. Enquiry against Presiding Officer for Misbehaviour or Incapacity.– (1) On assessment of performance of any Presiding Officer of the Tribunal or otherwise, in exercise of general power of superintendence and control over the Tribunals under sub-section (1) of section 17A of the Act,if the Chairperson is of the opinion that an inquiry is required to be initiated against such Presiding Officer for misbehaviour or incapacity on his performance as a Presiding Officer, he shall submit a report to Central Government recommending action against such Presiding Officer, for reasons to be recorded in writing.

(2) If the Central Government is of the opinion that there are reasonable grounds for making an inquiry based on the report of Chairperson, it shall proceed in accordance with the procedure laid down in rule 5.”.

Sd/-
(Anandrao V. Patil)
Jt. Secy.

S.O.1044(E)
F.No.3/10/2016-DRT
Issued by:
Ministry of Finance
(Department of Financial Services)
New Delhi

Note : The principal rules were published in the Gazette of India, Part-II, Section 3, Sub-section (i) vide number G.S.R.595(E), dated the 7th July, 2010 and last amended vide notification number G.S.R.118(E), dated the 21st February, 2013.