Home India Ministry of Finance In exercise of the powers conferred by section 3 of the Reco...
Date: 2021-07-14 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by section 3 of the Recovery of Debts and Bankruptcy Act

Issued by Ministry of Finance · Department of Financial Services

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Executive Summary & Key Takeaways

## Report on Amendment to the Recovery of Debts and Bankruptcy Act, 1993 **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Finance, Department of Financial Services, Government of India, concerning an amendment to the Recovery of Debts and Bankruptcy Act, 1993. The core purpose of this amendment, as indicated by the notification, is to change the location of the Debts Recovery Appellate Tribunal (DRAT) in Chennai. The key finding is that the DRAT Chennai is being relocated from its previous location at Indian Bank Zonal Office to the Additional Office Building, Shastri Bhawan. This change, effective from July 9, 2021, likely aims to improve the operational efficiency or accessibility of the tribunal. **2. Introduction:** This report provides a detailed overview and analysis of a notification (S.O. 2824(E)) issued by the Ministry of Finance regarding changes to the location of the Debts Recovery Appellate Tribunal (DRAT) in Chennai, as an amendment to the Recovery of Debts and Bankruptcy Act, 1993. The analysis is based solely on the provided text of the notification. **3. Policy Overview:** * **Amendment:** This notification amends the existing policy established by the Recovery of Debts and Bankruptcy Act, 1993. * **Core Objective(s):** The core objective of *this amendment* is to change the physical location where the Debts Recovery Appellate Tribunal (DRAT) in Chennai operates. **4. Background and Rationale:** As this is an amendment, the rationale focuses on the specific change. The provided text does not explicitly state the reason for the relocation of the DRAT. However, it can be inferred that the change is intended to improve some aspect of the tribunal's operations. Possible reasons could include: * **Improved Accessibility:** The new location may be more accessible to stakeholders. * **Better Facilities:** Shastri Bhawan may offer better infrastructure or facilities for the tribunal's operations. * **Administrative Efficiency:** The relocation might streamline administrative processes. **5. Key Provisions / Changes:** This section details the changes introduced by the amendment. * **Specific Part of Original Policy Changed:** The notification directly modifies the information pertaining to the operational location of the Debts Recovery Appellate Tribunal (DRAT) in Chennai, which was presumably previously defined in relation to the Act. * **New Rule/Provision:** The new provision is that the DRAT Chennai will now function from the 7th Floor, Additional Office Building, Shastri Bhawan, Haddows Road, Nungambakkam, Chennai-600 006. * **Difference/Effect of Change:** The DRAT Chennai will no longer operate from the 4th Floor, Indian Bank Zonal Office, 55 Ethiraj Salai, Chennai 600 008. The effect of this change is a physical relocation of the tribunal, potentially impacting accessibility and operational environment. **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by this change include: * **Litigants and Lawyers:** Individuals and legal professionals involved in cases before the DRAT Chennai. They will need to be aware of the new location for filing appeals, attending hearings, and other related activities. * **Tribunal Staff:** The staff of the DRAT Chennai will be directly impacted by the relocation. * **Banks and Financial Institutions:** As the DRAT deals with debt recovery matters, banks and financial institutions pursuing or defending against such claims are also stakeholders. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Finance, Department of Financial Services, is the responsible agency for this amendment. The DRAT Chennai is responsible for implementing the change at the operational level. * **Timelines:** The amendment is effective from 09.07.2021. * **Specific to Changes:** The DRAT Chennai likely needs to update its official communications (website, notices, etc.) with the new address. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this change is an improvement in the overall functioning of the DRAT Chennai. Specific potential impacts of the relocation include: * **Improved Accessibility (Hypothetical):** If the new location is more centrally located or has better transport links, it could improve accessibility for litigants and lawyers. * **Enhanced Operational Efficiency (Hypothetical):** Better facilities at Shastri Bhawan could lead to more efficient processing of cases. * **Minimal Disruption:** The change is likely intended to be seamless, with minimal disruption to the ongoing operations of the DRAT. **9. Conclusion:** The notification from the Ministry of Finance details a change in the location of the Debts Recovery Appellate Tribunal (DRAT) in Chennai, effective from July 9, 2021. This amendment to the Recovery of Debts and Bankruptcy Act, 1993, relocates the tribunal to Shastri Bhawan. While the precise reasons for the change are not explicitly stated, the relocation likely aims to improve the tribunal's efficiency, accessibility, or operational environment. Stakeholders, particularly litigants, lawyers, and financial institutions, should take note of the new location for all future dealings with the DRAT Chennai.

Key Entities Referenced

Recovery of Debts and Bankruptcy Act, 1993: A law under which the Central Government is exercising its powers. Central Government: The governing body issuing the notification. Debts Recovery Appellate Tribunal, Chennai: A tribunal whose location is being changed. Chennai: City in Tamil Nadu, India. Location of the Debts Recovery Appellate Tribunal. Indian Bank Zonal Office: Former location of the Debts Recovery Appellate Tribunal in Chennai. Ethiraj Salai, Chennai 600 008: Former address of the Debts Recovery Appellate Tribunal in Chennai. Additional Office Building, Shastri Bhawan, Haddows Road, Nungambakkam, Chennai 600 006: New address of the Debts Recovery Appellate Tribunal in Chennai. Ministry of Finance: The ministry under which the Department of Financial Services operates. Department of Financial Services: The department issuing the notification. VANDITA KAUL: Addl. Secy. of the Ministry of Finance.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-14072021-228293 xxxGIDHxxx CG-DL-E-14072021-228293 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 2619] नई दिल्ली, बुधिार, िुलाई 14, 2021/आषाढ़ 23, 1943 No. 2619] NEW DELHI, WEDNESDAY, JULY 14, 2021/ASHADHA 23, 1943 जित्त मत्रं ालय (जित्तीय सेिाएं जिभाग) अजधसचू ना नई दिल्ली, 14 िुलाई, 2021 का.आ. 2824 (अ).—ऋण िसूली और िोधन अक्षमता अजधजनयम, 1993 (1993 का 51) की धारा 3 द्वारा प्रित्त िजियों का प्रयोग करते हुए, केन्द्रीय सरकार, एतद्द्वारा, ऋण िसूली अपीलीय अजधकरण, चेन्नई के स्ट्थान को नीचे िी गई सारणी के कॉलम 2 में उजल्लजखत स्ट्थान की िगह सारणी के कॉलम 3 में उजल्लजखत स्ट्थान पर दिनांक 9.7.2021 से दकए िाने को अजधसूजचत करती हैः - ताजलका अजधकरण का नाम िह स्ट्थान िहा ं अजधकरण काम कर रहा िह स्ट्थान िहा ंअजधकरण काम करेगा था 1. 2. 3. ऋण िसूली अपीलीय चौथा तल, इंजडयन बैंक अंचल कायाालय, सातिां तल, अजतररि कायाालय भिन, िास्त्री भिन, अजधकरण, चेन्नई 55, इजथराि सलाई, चेन्नई-600 008 हड्ड ोि रोड, नुंगमबक्कम, चेन्नई-600 006 (डीआरएटी) [फा.सं. 23/05/2016-डीआरटी] िंदिता कौल, अपर सजचि 3882 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF FINANCE (Department of Financial Services) NOTIFICATION New Delhi, the 14th July, 2021 S.O. 2824 (E).—In exercise of the powers conferred by section 3 of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993), the Central Government hereby notifies the following change in the location of Debts Recovery Appellate Tribunal, Chennai with effect from 09.07.2021 from the place mentioned in Column 2 to the place mentioned in column 3 in the Table below: TABLE Name of the Tribunal Place where the Tribunal was Place at which the Tribunal will functioning function 1 2 3 Debts Recovery Appellate Tribunal 4th Floor, Indian Bank Zonal Office, 7th Floor, Additional Office Building, Chennai (DRAT) 55 Ethiraj Salai, Chennai- 600 008 Shastri Bhawan, Haddows Road, Nungambakkam, Chennai-600 006. [F. No. 23/05/2016-DRT] VANDITA KAUL, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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