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 189: Constitution of Board.
    (1) The Board shall consist of the following members who shall be appointed by the Central Government, namely:—
         (a) a Chairperson;
         (b) three members from amongst the officers of the Central Government not below the rank of Joint Secretary or equivalent, one each to represent the Ministry of Finance, the Ministry of Corporate Affairs and Ministry of Law, ex officio;
         (c) one member to be nominated by the Reserve Bank of India, ex officio;
         (d) five other members to be nominated by the Central Government, of whom at least three shall be the whole-time members.
     (2) The Chairperson and the other members shall be persons of ability, integrity and standing, who have shown capacity in dealing with problems relating to insolvency or bankruptcy and have special knowledge and experience in the field of law, finance, economics, accountancy or administration.
     (3) The appointment of the Chairperson and the members of the Board other than the appointment of an ex officio member under this section shall be made after obtaining the recommendation of a selection committee consisting of—
         (a) Cabinet Secretary— Chairperson;
         (b) Secretary to the Government of India to be nominated by the Central Government— Member;
         (c) Chairperson of the Insolvency and Bankruptcy Board of India (in case of selection of members of the Board)— Member;
         (d) three experts of repute from the field of finance, law, management, insolvency and related subjects, to be nominated by the Central Government— Members.
     (4) The term of office of the Chairperson and members (other than ex officio members) shall be five years or till they attain the age of sixty-five years, whichever is earlier, and they shall be eligible for reappointment.
     (5) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and members (other than the ex officio members) shall be such as may be prescribed.
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