DEBTS RECOVERY TRIBUNAL (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOUR OR INCAPACITY OF PRESIDING OFFICER) AMENDMENT RULES, 2012 – SUBSTITUTION OF RULE 4 AND AMENDMENT IN RULES 5 & 10

NOTIFICATION NO. GSR 920(E) [F.NO.14/2/2010-DRT], DATED 19-12-2012

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

1. (1) These rules may be called the Debts Recovery Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) Amendment Rules, 2012.

(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-

(a) For rule 4, the following rule shall be substituted, namely.-

“4. Preliminary Scrutiny and Investigation of complaints.-

(1) If a written complaint, alleging any definite charges of misbehaviour or incapacity to perform the functions of the office in respect of a Presiding Officer is received by the Central Government, it shall make a preliminary scrutiny of such complaint.

(2) If on preliminary scrutiny, the Central Government considers it necessary to investigate into the allegation, it shall refer the complaint together with other material as may be available, to the Chairperson of the Debts Recovery Appellate Tribunal exercising control over the Tribunal against whose Presiding Officer the complaint has been received, to investigate the charges of allegations made in the complaint.

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(3) The Chairperson shall conduct the investigation into the complaint which may include recording of evidence of the complainant and other parties as may be necessary, and collecting material relevant to the inquiry and submit his report to the Central Government. Report of the Chairperson of the Debts Recovery Appellate Tribunal may include the following:-

(i) articles of charges against the Presiding Officer concerned alongwith the statement of imputation against each article;

(ii) list of relevant documents relied on along with a copy of such documents placed in the order of their mention in the articles of charges or statement of imputations;

(iii) such relevant material or documents relevant to the inquiry; and

(iv) recommendations of the Chairperson.

(b) in rule 5, the following shall be substituted, namely:-

(i) for the word “President” wherever it occurs, the words “Central Government” shall be substituted;

(ii) in sub-rule (1), for the word “he” the word “it” shall be substituted;

(iii) For sub-rule (4), the following shall be substituted:-

“(4) The Central Government shall forward to the Judge a copy of –

(a) the articles of charges against the Presiding Officer concerned alongwith the statement of imputation against each article;

(b) list of relevant documents relied on alongwith copies of such documents;

(c) list of witnesses proposed to be examined together with statements, if any, of such witnesses;

(d) any other material or document relevant to the inquiry.”;

(iv) in sub-rule (11), for the word “that” the word “the” shall be substituted.

(c) in rule 10, for the word “President”, the words “Central Government” shall be substituted.

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