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Section 36 – The Recovery of Debts Due To Banks and Financial Institutions Act,1993

The Recovery of Debts Due To Banks and Financial Institutions Act,1993

Section 36. Power to make rules

(1) The Central Government may, by notification make rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: –

(a) The salaries and allowances and other terms and conditions of service of 1[the Chairpersons, the Presiding Officers], Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal under Secs. 7,12 and 13;

(b) The procedure for the investigation of misbehaviour or incapacity of 1[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals] under sub-section (3) of Sec. 15;

(c) The Form in which an application may be made under Sec. 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application;

(d) The Form in which an appeal may be filed before the Appellate Tribunal under Sec. 20 and the fees payable in respect of such appeal;

(e) Any other matter which is required to be, or may be, prescribed.

1[(3) Every notification issued under sub-section (4) of section l, section 3 and section 8 and every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.]

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1. Substituted by Act 1 of The Recovery of Debts due to Banks and Financial Institutions (Amendment) Act,2000, dt. 25-03-2000

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The Recovery of Debts Due To Banks and Financial Institutions Act,1993

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