Section 6A of The Recovery Of Debts And Bankruptcy Act, 1993
1[6A. Qualifications, terms and conditions of service of Presiding Officer. -- Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Presiding Officer of the 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 Presiding Officer 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
- This section states that new rules for pay, terms, and hiring now come from the Tribunal Reforms Act, 2021.
- It overrides older parts of this Act for any Presiding Officer appointed after the 2021 reforms began.
- People appointed before the Finance Act of 2017 started are protected and follow the older rules and benefits.
- It ensures that the most recent government standards for tribunal members are the ones that actually apply.
Practical examples
FAQ
1. Which law decides the salary for a Presiding Officer appointed today?
The Tribunal Reforms Act, 2021 decides the salary and terms for new appointments.
2. Does this section change how people were hired in the 1990s?
No, it specifically targets those appointed after the recent legal reforms in 2017 and 2021.
Test yourself
Q1.Under Section 6A of The Recovery Of Debts And Bankruptcy Act, 1993, which specific law governs the terms of service for a Presiding Officer appointed after the commencement of the Tribunal Reforms Act, 2021?
Q2.According to Section 6A of The Recovery Of Debts And Bankruptcy Act, 1993, which group of officers is NOT governed by the newer 2017 Finance Act rules?
Q3.Under Section 6A of The Recovery Of Debts And Bankruptcy Act, 1993, what happens if there is a conflict between the original 1993 Act and the Tribunal Reforms Act, 2021 for a new appointee?
Q4.Under Section 6A of The Recovery Of Debts And Bankruptcy Act, 1993, which of the following is NOT listed as a condition of service governed by the 2021 Act for new members?