Amended Section 6 tenure protection extends to existing Presiding Officers, allowing service until 65 years or five years.

The amended Section 6 of the Recovery of Debts and Bankruptcy Act, 1993 was construed as a replacement of the earlier regime and not as a provision confined only to future appointments. Reading it in context with Section 6A, which separately governs appointments made after commencement of the Finance Act, 2017, the Court held that the amendment also covers Presiding Officers already in office when it came into force. They are therefore entitled to continue until the age of 65 years or completion of five years, whichever is earlier.

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Issues: Whether the amended Section 6 of the Recovery of Debts and Bankruptcy Act, 1993 applies to Presiding Officers who were already in office on the date the amendment came into force, so as to entitle them to continue up to the age of 65 years or for five years, whichever is earlier.

Analysis: The amended provision substituted the earlier Section 6 and was intended to operate as a replacement of the old regime. The legislative purpose was to reduce pendency in Debts Recovery Tribunals by retaining experienced officers for a longer tenure. The amendment was read in its textual and contextual setting, particularly in contrast with Section 6A, which expressly created a different regime for appointments made after the commencement of the Finance Act, 2017. On that construction, the amended Section 6 was not confined only to future appointments but extended to those already serving on the date of commencement of the amendment.

Conclusion: The amended Section 6 applies to incumbents already holding office on the date of commencement, and they are entitled to continue in service up to the age of 65 years or completion of five years, whichever occurs earlier.

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