ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNALCentral

Section 15A of The Recovery Of Debts And Bankruptcy Act, 1993

1[15A. Qualifications, terms and conditions of service of Chairperson.-- Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the terms and conditions of service of the Chairperson of the Appellate Tribunal appointed after the commencement of 2[the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act]: Provided that the Chairperson appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.]

Summary

For Chairpersons appointed after the 2021 Tribunal Reforms Act began, their qualifications and service terms are governed by that 2021 Act.
This includes their appointment process, how long they serve, their salaries, and how they can resign or be removed.
There is a special exception for Chairpersons who were appointed before a specific part of the Finance Act, 2017 started.

Practical examples

1Mrs. Iyer is appointed as a Chairperson in July 2024. Because her appointment is after the 2021 reforms, her salary and term length are decided by the Tribunal Reforms Act of 2021, not the original 1993 rules.

2Mr. Rao was appointed as a Chairperson back in 2015. Even though the laws changed in 2017 and 2021, his service conditions remain protected under the old 1993 Act rules because of the special proviso in Section 15A.

FAQ

1. Which law applies to a Chairperson appointed today?

The Tribunal Reforms Act, 2021 governs their qualifications and service terms according to Section 15A.

2. Does this section apply to regular Presiding Officers?

No, Section 15A specifically mentions the Chairperson of the Appellate Tribunal.

3. What happened to the 2017 Finance Act rules for these officers?

The 2021 Act has largely taken over, but the section still protects those hired before the 2017 changes.

Test yourself

Q1.Under Section 15A of The Recovery Of Debts And Bankruptcy Act, 1993, which law governs the terms of service for a Chairperson appointed in 2025?

Q2.According to Section 15A of The Recovery Of Debts And Bankruptcy Act, 1993, who is protected from the 2017 and 2021 legislative changes?

Q3.Which aspect of a Chairperson's job is NOT explicitly listed as being governed by the 2021 Act under Section 15A of The Recovery Of Debts And Bankruptcy Act, 1993?

Q4.Under Section 15A of The Recovery Of Debts And Bankruptcy Act, 1993, what is the default rule for a Chairperson's service conditions today?

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