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    Question

    Under Section 5 of the Recovery of Debts Due to Banks

    and Financial Institutions Act, 1993, what is the minimum qualification required for a person to be appointed as the Presiding Officer of a Debt Recovery Tribunal (DRT)?
    A He must be a retired Judge of a High Court Correct Answer Incorrect Answer
    B He must be, or have been, or be qualified to be, a Judge of a High Court Correct Answer Incorrect Answer
    C He must be, or have been, or be qualified to be, a District Judge Correct Answer Incorrect Answer
    D He must be a member of the Indian Legal Service holding a Grade I post for at least 5 years Correct Answer Incorrect Answer

    Solution

    Explanation:
    Section 5 of the RDDBFI Act, 1993 provides that: "A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless he is, or has been, or is qualified to be, a District Judge." This is a very common exam trap because Section 10 of the same Act which deals with qualifications for  Chairperson of the Appellate Tribunal (DRAT) requires the person to: ​ ·         be or have been (or be qualified to be) a  Judge of a High Court , OR ·         be a member of the  Indian Legal Service in Grade I  for at least 3 years, OR ·         have been a  Presiding Officer of a DRT for at least 3 years

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