Overriding Effect of Recovery of Debts and Bankruptcy Act, 1993

The Recovery of Debts and Bankruptcy Act, 1993 (RDBBA) has overriding effect over any other law for the time being in force. This means that the provisions of the RDBBA will prevail over the provisions of any other law, even if the other law is enacted later.

The following are some of the provisions of the RDBBA that have overriding effect:

  • The power of the Debts Recovery Tribunals (DRTs) to recover debts.
  • The provisions relating to the appointment and powers of the Recovery Officers.
  • The provisions relating to the attachment and sale of the debtor’s property.
  • The provisions relating to the protection of action taken in good faith by the DRTs and their officers.

The overriding effect of the RDBBA is subject to the following exceptions:

  • The provisions of the Constitution of India.
  • The provisions of any other law that specifically provides that it will have overriding effect over the provisions of the RDBBA.

Here are some MCQs on the overriding effect of the Recovery of Debts and Bankruptcy Act, 1993:

  1. Does the Recovery of Debts and Bankruptcy Act, 1993 (RDBBA) have overriding effect over any other law for the time being in force?
    • Yes
    • No
    • Only if the other law is enacted before the RDBBA
    • Only if the other law is enacted after the RDBBA
    • The answer is Yes. The RDBBA has overriding effect over any other law for the time being in force.
  2. What are some of the provisions of the RDBBA that have overriding effect?
    • The power of the Debts Recovery Tribunals (DRTs) to recover debts.
    • The provisions relating to the appointment and powers of the Recovery Officers.
    • The provisions relating to the attachment and sale of the debtor’s property.
    • The provisions relating to the protection of action taken in good faith by the DRTs and their officers.
    • All of the above
    • The answer is All of the above. The provisions mentioned above all have overriding effect.
  3. Are there any exceptions to the overriding effect of the RDBBA?
    • Yes
    • No
    • Only if the other law is enacted before the RDBBA
    • Only if the other law is enacted after the RDBBA
    • The answer is Yes. The overriding effect of the RDBBA is subject to the following exceptions:
      • The provisions of the Constitution of India.
      • The provisions of any other law that specifically provides that it will have overriding effect over the provisions of the RDBBA.