Section 30:
Submission of resolution plan.
(1) A resolution applicant may submit a resolution plan 1[along
with an affidavit stating that he is eligible under section 29A] to the resolution professional prepared on
the basis of the information memorandum.
(2) The resolution professional shall examine each resolution plan received by him to confirm that
each resolution plan--
(a) provides for the payment of insolvency resolution process costs in a manner specified by the
Board in priority to the 2[payment] of other debts of the corporate debtor;
3[(b) provides for the payment of debts of operational creditors in such manner as may be
specified by the Board which shall not be less than--
(i) the amount to be paid to such creditors in the event of a liquidation of the corporate debtor
under section 53; or
(ii) the amount that would have been paid to such creditors, if the amount to be distributed
under the resolution plan had been distributed in accordance with the order of priority in
sub-section (1) of section 53,
whichever is higher and provides for the payment of debts of financial creditors, who do not vote in
favour of the resolution plan, in such manner as may be specified by the Board, which shall not be
less than the amount to be paid to such creditors in accordance with sub-section (1) of section 53 in
the event of a liquidation of the corporate debtor.
Explanation 1.--For the removal of doubts, it is hereby clarified that a distribution in
accordance with the provisions of this clause shall be fair and equitable to such creditors.
Explanation 2.-- For the purposes of this clause, it is hereby declared that on and from the
date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019, the
provisions of this clause shall also apply to the corporate insolvency resolution process of a
corporate debtor--
(i) where a resolution plan has not been approved or rejected by the Adjudicating
Authority;
(ii) where an appeal has been preferred under section 61 or section 62 or such an appeal
is not time barred under any provision of law for the time being in force; or
(iii) where a legal proceeding has been initiated in any court against the decision of the
Adjudicating Authority in respect of a resolution plan;]
(c) provides for the management of the affairs of the Corporate debtor after approval of the
resolution plan;
(d) the implementation and supervision of the resolution plan;
(e) does not contravene any of the provisions of the law for the time being in force;
(f) conforms to such other requirements as may be specified by the Board.
4[Explanation.-- For the purposes of clause (e), if any approval of shareholders is required under
the Companies Act, 2013 or any other law for the time being in force for the implementation of actions
under the resolution plan, such approval shall be deemed to have been given and it shall not be a
contravention of that Act or law];
(3) The resolution professional shall present to the committee of creditors for its approval such
resolution plans which confirm the conditions referred to in sub-section (2).
5[(4) The committee of creditors may approve a resolution plan by a vote of not less than 6[sixty-six]
per cent. of voting share of the financial creditors, after considering its feasibility and viability, 7[the
manner of distribution proposed, which may take into account the order of priority amongst creditors as
laid down in sub-section (1) of section 53, including the priority and value of the security interest of a
secured creditor] and such other requirements as may be specified by the Board:
Provided that the committee of creditors shall not approve a resolution plan, submitted before the
commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017(Ord. 7 of 2017),
where the resolution applicant is ineligible under section 29A and may require the resolution professional
to invite a fresh resolution plan where no other resolution plan is available with it:
Provided further that where the resolution applicant referred to in the first proviso is ineligible under
clause (c) of section 29A, the resolution applicant shall be allowed by the committee of creditors such
period, not exceeding thirty days, to make payment of overdue amounts in accordance with the proviso to
clause (c) of section 29A:
Provided also that nothing in the second proviso shall be construed as extension of period for the
purposes of the proviso to sub-section (3) of section 12, and the corporate insolvency resolution process
shall be completed within the period specified in that sub-section.]
8[Provided also that the eligibility criteria in section 29A as amended by the Insolvency and
Bankruptcy Code (Amendment) Ordinance, 2018 shall apply to the resolution applicant who has not
submitted resolution plan as on the date of commencement of the Insolvency and Bankruptcy Code
(Amendment) Ordinance, 2018.]
(5) The resolution applicant may attend the meeting of the committee of creditors in which the
resolution plan of the applicant is considered:
Provided that the resolution applicant shall not have a right to vote at the meeting of the committee of
creditors unless such resolution applicant is also a financial creditor.
(6) The resolution professional shall submit the resolution plan as approved by the committee of
creditors to the Adjudicating Authority.
Notes:
1. Ins. by Act 26 of 2018, s. 23 (w.e.f. 6-6-2018).
2. Subs. by s. 23, ibid., for "repayment" (w.e.f. 6-6-2018).
3. Subs. by Act 26 of 2019, s. 6, for clause (b) (w.e.f. 16-08-2019).
4. Ins. by Act 26 of 2018, s. 23 (w.e.f. 6-6-2018).
5. Subs. by Act 8 of 2018, s. 6, for sub-section (4) (w.e.f. 23-11-2017).
6. Subs. by Act 26 of 2018, s., 23, for "seventy-five" (w.e.f. 6-6-2018).
7. Ins. by Act 26 of 2019, s. 6 (w.e.f. 16-08-2019).
8. Ins. by Act 26 of 2018, s. 23 (w.e.f. 6-6-2018)