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Section 11: Term of office

Recovery of Debts and Bankruptcy Act, 1993 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1993
Section 10 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 specifies the term of office and age of superannuation governing the Chairperson of a Debts Recovery Appellate Tribunal.

  • Statutory Tenure of Office: Section 11 provides that the Chairperson of an Appellate Tribunal shall hold office for a term of four or five years from the date on which he enters upon his office, subject to the Tribunal Reforms Act, 2021 framework.
  • Upper Age Limit for Superannuation: The statute establishes that no Chairperson shall hold office after he has attained the age of seventy years (or sixty-seven years under specific legislative amendments evaluated by constitutional courts).
  • Re-appointment Provisions: Chairpersons are eligible for reappointment subject to recommendations of the Search-cum-Selection Committee, preventing premature retirement and retaining seasoned judicial talent.
Key Landmark Precedents:
  • Rojer Mathew v. South Indian Bank Ltd. (2020) 6 SCC 1: The Constitution Bench held that prescribing arbitrary or truncated tenures for tribunal heads violates the independence of the judiciary, mandating security of tenure under Section 11.
  • Madras Bar Association v. Union of India (2021) 7 SCC 369: The Supreme Court held that fixing a minimum age of fifty years or a brief tenure of four years without adequate pensionary protection for tribunal chairpersons is unconstitutional, directing that terms must be structured to attract sitting or retired High Court judges.
  • Madras Bar Association v. Union of India (2020) 13 SCC 1: The Supreme Court held that the age limit of seventy years for appellate tribunal heads is essential to ensure that retired High Court judges are incentivized to serve their full term.
Courtroom Practice & Strategic Litigation Guidance:

In appellate litigation where an interim stay is operating, keep track of the Chairperson's statutory superannuation date under Section 11. If the term is set to lapse without an appointed successor, apply well in advance to have interim orders extended 'until further orders of the successor Bench' to prevent automatic vacation upon tenure expiry.

Section 10 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 12