The Recovery Of Debts And Bankruptcy Act, 1993 · II — ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL

Section 15. Resignation and removal

In force · As amended up to 2026-08

15. Resignation and removal .—(1)[1] [The Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that[4] [the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2)[1] [The Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after inquiry, — (a) in the case of the Presiding Officer of a Tribunal, made by a Judge of a High Court; (b) in the case of[5] [the Chairperson of an Appellate Tribunal], made by a Judge of the Supreme Court, in which[6] [the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges: 7[Provided that the Central Government, during the pendency of the inquiry against the Presiding Officer or a Chairperson, as the case may be, may, after consulting the Chairperson of the Selection Committee constituted for selection of Presiding Officer or Chairperson, pass an order suspending the Presiding Officer or the Chairperson, if it is satisfied that he should cease to discharge his functions as a Presiding Officer or Chairperson, as the case may be.] (3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of[8] [the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal]. 1. Subs. by Act 1 of 2000, s. 2, for "the Presiding Officer of a Tribunal or an Appellate Tribunal" (w.e.f. 17-1-2000). 2. Subs. by s. 6, ibid ., for "the said Presiding Officers shall be varied to their" (w.e.f. 17-1-2000). 3. Subs. by s. 2, ibid., for "the Presiding Officer of a Tribunal or an Appellate Tribunal" (w.e.f. 17-1-2000). 4 Subs. by s. 7, ibid ., for "the said Presiding Officer" (w.e.f. 17-1-2000). 5. Subs. by s. 2, ibid., for "the Presiding Officer of an Appellate Tribunal" (w.e.f. 17-1-2000). 6. Subs. by s. 7, ibid ., for "the Presiding Officer concerned" (w.e.f. 17-1-2000). 7. Ins. by Act 1 of 2013, s. 13 (w.e.f. 15-1-2013). 8. Subs. by Act 1 of 2000, s. 7, for "the aforesaid Presiding Officer" (w.e.f. 17-1-2000).

Source: India Code

How this section changed

  1. substituted by Act 1 of 2000, s. 2

    In force from 17 Jan 2000

    Earlier wording: “the Presiding Officer of an Appellate Tribunal”

    Footnote: 5. Subs. by s. 2, ibid., for "the Presiding Officer of an Appellate Tribunal" (w.e.f. 17-1-2000).

  2. substituted by Act 1 of 2000, s. 7

    In force from 17 Jan 2000

    Earlier wording: “the Presiding Officer concerned”

    Footnote: 6. Subs. by s. 7, ibid ., for "the Presiding Officer concerned" (w.e.f. 17-1-2000).

  3. inserted by Act 1 of 2013, s. 13

    In force from 15 Jan 2013

    Footnote: 7. Ins. by Act 1 of 2013, s. 13 (w.e.f. 15-1-2013).