Act Number: 31

Act Name: The Insolvency and Bankruptcy Code, 2016.

Year: 2016

Enactment Date: 2016-05-28

Long Title: 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: Ministry of Corporate Affairs

Department:

Section 140: Disqualification of bankrupt.
    (1) The bankrupt shall, from the bankruptcy commencement date, be subject to the disqualifications mentioned in this section.
     (2) In addition to any disqualification under any other law for the time being in force, a bankrupt shall be disqualified from—
         (a) being appointed or acting as a trustee or representative in respect of any trust, estate or settlement;
         (b) being appointed or acting as a public servant;
         (c) being elected to any public office where the appointment to such office is by election; and
         (d) being elected or sitting or voting as a member of any local authority.
     (3) Any disqualification to which a bankrupt may be subject under this section shall cease to have effect, if—
         (a) the bankruptcy order against him is modified or recalled under section 142; or
         (b) he is discharged under section 138.
     Explanation.—For the purposes of this section, the term “public servant” shall have the same meaning as assigned to it in section 21 of the Indian Penal Code (45 of 1860).
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