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The Supreme Court held that Presiding Officers of Debt Recovery Tribunals (DRTs) who were serving as on September 1, 2016 i.e. the date when the amendment of Recovery of Debts and Bankruptcy Act became enforceable will be entitled to complete the term of five years taking advantage of the amended provision which allows them to continue until attaining the age of 65 years.
Prior to the amendment, Section 6 of the act stated that presiding officer could hold office for a term of five years from the date on which he enters upon his office or until the attainment of 62 years of age whichever is earlier. The 2016 amendment increased the age from 62 to 65 years.
Referring to the provisions of the Act, the bench observed that the legislative intent was also to give effect to the amended provision even in respect of those incumbents who were in service as on September 1, 2016. The bench also observed that the purpose of amending Section 6 was to reduce the burden of pendency by enhancement of age of the judges concerned.
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