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)?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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