Act 31 of 2016

The Insolvency and Bankruptcy Code, 2016.

An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto.

  • Ministry of Corporate Affairs
  • Enacted 2016-05-28
  • 282 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Application. Read
3 Definitions. Read
4 Application of this Part. Read
5 Definitions. Read
6 Persons who may initiate corporate insolvency resolution process. Read
7 Initiation of corporate insolvency resolution process by financial creditor. Read
8 Insolvency resolution by operational creditor. Read
9 Application for initiation of corporate insolvency resolution process by operational creditor. Read
10 Initiation of corporate insolvency resolution process by corporate applicant. Read
10A Suspension of initiation of corporate insolvency resolution process.Read
11 Persons not entitled to make application. Read
11A Disposal of applications under section 54C and under section 7 or section 9 or section 10.Read
12 Time-limit for completion of insolvency resolution process. Read
12A Withdrawal of application admitted under section 7, 9 or 10. Read
13 Declaration of moratorium and public announcement. Read
14 Moratorium. Read
15 Public announcement of corporate insolvency resolution process. Read
16 Appointment and tenure of interim resolution professional. Read
17 Management of affairs of corporate debtor by interim resolution professional. Read
18 Duties of interim resolution professional. Read
19 Personnel to extend co-operation to interim resolution professional. Read
20 Management of operations of corporate debtor as going concern. Read
21 Committee of creditors. Read
22 Appointment of resolution professional. Read
23 Resolution professional to conduct corporate insolvency resolution process. Read
24 Meeting of committee of creditors. Read
25 Duties of resolution professional. Read
25A Rights and duties of authorised representative of financial creditors. Read
26 Application for avoidance of transactions not to affect proceedings. Read
27 Replacement of resolution professional by committee of creditors. Read
28 Approval of committee of creditors for certain actions. Read
29 Preparation of information memorandum. Read
29A Person not eligible to be resolution applicant.Read
30 Submission of resolution plan. Read
31 Approval of resolution plan. Read
32 Appeal. Read
32A Liability for prior offences, etc.Read
33 Initiation of liquidation. Read
34 Appointment of liquidator and fee to be paid. Read
35 Powers and duties of liquidator. Read
36 Liquidation estate. Read
37 Powers of liquidator to access information. Read
38 Consolidation of claims. Read
39 Verification of claims. Read
40 Admission or rejection of claims. Read
41 Determination of valuation of claims. Read
42 Appeal against the decision of liquidator. Read
43 Preferential transactions and relevant time. Read
44 Orders in case of preferential transactions. Read
45 Avoidance of undervalued transactions. Read
46 Relevant period for avoidable transactions. Read
47 Application by creditor in cases of undervalued transactions. Read
48 Order in cases of undervalued transactions. Read
49 Transactions defrauding creditors. Read
50 Extortionate credit transactions. Read
51 Orders of Adjudicating Authority in respect of extortionate credit transactions. Read
52 Secured creditor in liquidation proceedings. Read
53 Distribution of assets. Read
54 Dissolution of corporate debtor. Read
54A Corporate debtors eligible for pre-packaged insolvency resolution process.Read
54B Duties of insolvency professional before initiation of pre-packaged insolvency resolution process.Read
54C Application to initiate pre-packaged insolvency resolution process.Read
54D Time-limit for completion of pre-packaged insolvency resolution processRead
54E Declaration of moratorium and public announcement during pre-packaged insolvency resolution process.Read
54F Duties and powers of resolution professional during pre-packaged insolvency resolution processRead
54G List of claims and preliminary information memorandum.Read
54H Management of affairs of corporate debtor.Read
54-I Committee of creditors.Read
54J Vesting management of corporate debtor with resolution professional.Read
54K Consideration and approval of resolution plan.Read
54L Approval of resolution plan.Read
54M Appeal against order under section 54L.Read
54N Termination of pre-packaged insolvency resolution process.Read
54-O Initiation of corporate insolvency resolution process.Read
54P Application of provisions of Chapters II, III, VI and VII to this Chapter.Read
55 Fast track corporate insolvency resolution process. Read
56 Time period for completion of fast track corporate insolvency resolution process. Read
57 Manner of initiating fast track corporate insolvency resolution process. Read
58 Applicability of Chapter II to this Chapter. Read
59 Voluntary liquidation of corporate persons. Read
60 Adjudicating Authority for corporate persons. Read
61 Appeals and Appellate Authority. Read
62 Appeal to Supreme Court. Read
63 Civil court not to have jurisdiction. Read
64 Expeditious disposal of applications. Read
65 Fraudulent or malicious initiation of proceedings. Read
66 Fraudulent trading or wrongful trading. Read
67 Proceedings under section 66. Read
67A Fraudulent management of corporate debtor during pre-packaged insolvency resolution processRead
68 Punishment for concealment of property. Read
69 Punishment for transactions defrauding creditors. Read
70 Punishment for misconduct in course of corporate insolvency resolution process. Read
71 Punishment for falsification of books of corporate debtor. Read
72 Punishment for wilful and material omissions from statements relating to affairs of corporate debtor. Read
73 Punishment for false representations to creditors. Read
74 Punishment for contravention of moratorium or the resolution plan. Read
75 Punishment for false information furnished in application. Read
76 Punishment for non-disclosure of dispute or payment of debt by operational creditor. Read
77 Punishment for providing false information in application made by corporate debtor. Read
77A Punishment for offences related to pre-packaged insolvency resolution process.Read
78 Application. Read
79 Definitions. Read
80 Eligibility for making an application. Read
81 Application for fresh start order. Read
82 Appointment of resolution professional. Read
83 Examination of application by resolution professional. Read
84 Admission or rejection of application by Adjudicating Authority. Read
85 Effect of admission of application. Read
86 Objections by creditor and their examination by resolution professional. Read
87 Application against decision of resolution professional. Read
88 General duties of debtor. Read
89 Replacement of resolution professional. Read
90 Directions for compliances of restrictions, etc. Read
91 Revocation of order admitting application. Read
92 Discharge order. Read
93 Standard of conduct. Read
94 Application by debtor to initiate insolvency resolution process. Read
95 Application by creditor to initiate insolvency resolution process. Read
96 Interim moratorium. Read
97 Appointment of resolution professional. Read
98 Replacement of resolution professional. Read
99 Submission of report by resolution professional. Read
100 Admission or rejection of application. Read
101 Moratorium. Read
102 Public notice and claims from creditors. Read
103 Registering of claims by creditors. Read
104 Preparation of list of creditors. Read
105 Repayment plan. Read
106 Report of resolution professional on repayment plan. Read
107 Summoning of meeting of creditors. Read
108 Conduct of meeting of creditors. Read
109 Voting rights in meeting of creditors. Read
110 Rights of secured creditors in relation to repayment plan. Read
111 Approval of repayment plan by creditors. Read
112 Report of meeting of creditors on repayment plan. Read
113 Notice of decisions taken at meeting of creditors. Read
114 Order of Adjudicating Authority on repayment plan. Read
115 Effect of order of Adjudicating Authority on repayment plan. Read
116 Implementation and supervision of repayment plan. Read
117 Completion of repayment plan. Read
118 Repayment plan coming to end prematurely. Read
119 Discharge order. Read
120 Standard of conduct. Read
121 Application for bankruptcy. Read
122 Application by debtor. Read
123 Application by creditor. Read
124 Effect of application. Read
125 Appointment of insolvency professional as bankruptcy trustee. Read
126 Bankruptcy order. Read
127 Validity of bankruptcy order. Read
128 Effect of bankruptcy order. Read
129 Statement of financial position. Read
130 Public notice inviting claims from creditors. Read
131 Registration of claims. Read
132 Preparation of list of creditors. Read
133 Summoning of meeting of creditors. Read
134 Conduct of meeting of creditors. Read
135 Voting rights of creditors. Read
136 Administration and distribution of estate of bankruptcy. Read
137 Completion of administration. Read
138 Discharge order. Read
139 Effect of discharge. Read
140 Disqualification of bankrupt. Read
141 Restrictions on bankrupt. Read
142 Modification or recall of bankruptcy order. Read
143 Standard of conduct. Read
144 Fees of bankruptcy trustee. Read
145 Replacement of bankruptcy trustee. Read
146 Resignation by bankruptcy trustee. Read
147 Vacancy in office of bankruptcy trustee. Read
148 Release of bankruptcy trustee. Read
149 Functions of bankruptcy trustee. Read
150 Duties of bankrupt towards bankruptcy trustee. Read
151 Rights of bankruptcy trustee. Read
152 General powers of bankruptcy trustee. Read
153 Approval of creditors for certain acts. Read
154 Vesting of estate of bankrupt in bankruptcy trustee. Read
155 Estate of bankrupt. Read
156 Delivery of property and documents to bankruptcy trustee. Read
157 Acquisition of control by bankruptcy trustee. Read
158 Restrictions on disposition of property. Read
159 After-acquired property of bankrupt. Read
160 Onerous property of bankrupt. Read
161 Notice to disclaim onerous property. Read
162 Disclaimer of leaseholds. Read
163 Challenge against disclaimed property. Read
164 Undervalued transactions. Read
165 Preference transactions. Read
166 Effect of order. Read
167 Extortionate credit transactions. Read
168 Obligations under contracts. Read
169 Continuance of proceedings on death of bankrupt. Read
170 Administration of estate of deceased bankrupt. Read
171 Proof of debt. Read
172 Proof of debt by secured creditors. Read
173 Mutual credit and set-off. Read
174 Distribution of interim dividend. Read
175 Distribution of property. Read
176 Final dividend. Read
177 Claims of creditors. Read
178 Priority of payment of debts. Read
179 Adjudicating authority for individuals and partnership firms. Read
180 Civil court not to have jurisdiction. Read
181 Appeal to Debt Recovery Appellate Tribunal. Read
182 Appeal to Supreme Court. Read
183 Expeditious disposal of applications. Read
184 Punishment for false information, etc., by creditor in insolvency resolution process. Read
185 Punishment for contravention of provisions. Read
186 Punishment for false information, concealment, etc., by bankrupt. Read
187 Punishment for certain actions. Read
188 Establishment and incorporation of Board. Read
189 Constitution of Board. Read
190 Removal of member from office. Read
191 Powers of Chairperson. Read
192 Meetings of Board. Read
193 Member not to participate in meetings in certain cases. Read
194 Vacancies, etc., not to invalidate proceedings of Board, Officers and employees of Board. Read
195 Power to designate financial sector regulator. Read
196 Powers and functions of Board. Read
197 Constitution of advisory committee, executive committee or other committee. Read
198 Condonation of delay. Read
199 No person to function as insolvency professional agency without valid certificate of registration. Read
200 Principles governing registration of insolvency professional agency. Read
201 Registration of insolvency professional agency. Read
202 Appeal to National Company Law Appellate Tribunal. Read
203 Governing Board of insolvency professional agency. Read
204 Functions of insolvency professional agencies. Read
205 Insolvency professional agencies to make bye-laws. Read
206 Enrolled and registered persons to act as insolvency professionals. Read
207 Registration of insolvency professionals. Read
208 Functions and obligations of insolvency professionals. Read
209 No person to function as information utility without certificate of registration. Read
210 Registration of information utility. Read
211 Appeal to National Company Law Appellate Tribunal. Read
212 Governing Board of information utility. Read
213 Core services, etc., of information utilities. Read
214 Obligations of information utility. Read
215 Procedure for submission, etc., of financial information. Read
216 Rights and obligations of persons submitting financial information. Read
217 Complaints against insolvency professional agency or its member or information utility. Read
218 Investigation of insolvency professional agency or its member or information utility. Read
219 Show cause notice to insolvency professional agency or its member or information utility. Read
220 Appointment of disciplinary committee. Read
221 Grants by Central Government. Read
222 Board’s Fund. Read
223 Accounts and audit. Read
224 Insolvency and Bankruptcy Fund. Read
225 Power of Central Government to issue directions. Read
226 Power of Central Government to supersede Board. Read
227 Power of Central Government to notify financial service providers, etc. Read
228 Budget. Read
229 Annual report. Read
230 Delegation. Read
231 Bar of jurisdiction. Read
232 Members, officers and employees of Board to the public servants. Read
233 Protection of action taken in good faith. Read
234 Agreements with foreign countries. Read
235 Letter of request to a country outside India in certain cases. Read
235A Punishment where no specific penalty or punishment is provided. Read
236 Trial of offences by Special Court. Read
237 Appeal and revision. Read
238 Provisions of this Code to override other laws. Read
238A Limitation.Read
239 Power to make rules. Read
240 Power to make regulations. Read
240A Application of this Code to micro, small and medium enterprises.Read
241 Rules and regulations to be laid before Parliament. Read
242 Power to remove difficulties. Read
243 Repeal of certain enactments and savings. Read
244 Transitional provisions. Read
245 Amendments of Act 9 of 1932. Read
246 Amendments of Act 1 of 1944. Read
247 Amendments of Act 43 of 1961. Read
248 Amendments of Act 52 of 1962. Read
249 Amendments of Act 51 of 1993. Read
250 Amendments of Act 32 of 1994. Read
251 Amendments of Act 54 of 2002. Read
252 Amendments of Act 1 of 2004. Read
253 Amendments of Act 51 of 2007. Read
254 Amendments of Act 6 of 2009. Read
255 Amendments of Act 18 of 2013. Read
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