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Under the Recovery of Debts and Bankruptcy Act, 1993, a person seeks appointment as the Presiding…

Section 5 of the Recovery of Debts and Bankruptcy Act, 1993 addresses eligibility for appointment as a Tribunal’s Presiding Officer, using the District Judge qualification.…

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Under the Recovery of Debts and Bankruptcy Act, 1993, a person seeks appointment as the Presiding Officer of a Tribunal. The issue relates to whether the statutory qualifications are fulfilled. Which provision would primarily govern the matter?

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Correct answer C

Section 5 of the Recovery of Debts and Bankruptcy Act, 1993 addresses eligibility for appointment as a Tribunal’s Presiding Officer, using the District Judge qualification. Section 4 deals with the Tribunal’s composition, while section 6 deals with tenure rather than the provision identifying qualifications.

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