Section 196:
Powers and functions of Board.
(1) The Board shall, subject to the general direction of the
Central Government, perform all or any of the following functions namely:—
(a) register insolvency professional agencies, insolvency professionals and information utilities
and renew, withdraw, suspend or cancel such registrations;
1
[(aa) promote the development of, and regulate, the working and practices of, insolvency
professionals, insolvency professional agencies and information utilities and other institutions, in
furtherance of the purposes of this Code;]
(b) specify the minimum eligibility requirements for registration of insolvency professional
agencies, insolvency professionals and information utilities;
(c) levy fee or other charges 2
[for carrying out the purposes of this Code, including fee for
registration and renewal] of insolvency professional agencies, insolvency professionals and
information utilities;
(d) specify by regulations standards for the functioning of insolvency professional agencies,
insolvency professionals and information utilities;
(e) lay down by regulations the minimum curriculum for the examination of the insolvency
professionals for their enrolment as members of the insolvency professional agencies;
(f) carry out inspections and investigations on insolvency professional agencies, insolvency
professionals and information utilities and pass such orders as may be required for compliance of the
provisions of this Code and the regulations issued hereunder;
(g) monitor the performance of insolvency professional agencies, insolvency professionals and
information utilities and pass any directions as may be required for compliance of the provisions of
this Code and the regulations issued hereunder;
(h) call for any information and records from the insolvency professional agencies, insolvency
professionals and information utilities;
(i) publish such information, data, research studies and other information as may be specified by
regulations;
(j) specify by regulations the manner of collecting and storing data by the information utilities
and for providing access to such data;
(k) collect and maintain records relating to insolvency and bankruptcy cases and disseminate
information relating to such cases;
(l) constitute such committees as may be required including in particular the committees laid
down in section 197;
(m) promote transparency and best practices in its governance;
(n) maintain websites and such other universally accessible repositories of electronic information
as may be necessary;
(o) enter into memorandum of understanding with any other statutory authorities;
(p) issue necessary guidelines to the insolvency professional agencies, insolvency professionals
and information utilities;
(q) specify mechanism for redressal of grievances against insolvency professionals, insolvency
professional agencies and information utilities and pass orders relating to complaints filed against the
aforesaid for compliance of the provisions of this Code and the regulations issued hereunder;
(r) conduct periodic study, research and audit the functioning and performance of to the
insolvency professional agencies, insolvency professionals and information utilities at such intervals
as may be specified by the Board;
(s) specify mechanisms for issuing regulations, including the conduct of public consultation
processes before notification of any regulations;
(t) make regulations and guidelines on matters relating to insolvency and bankruptcy as may be
required under this Code, including mechanism for time bound disposal of the assets of the corporate
debtor or debtor; and
(u) perform such other functions as may be prescribed.
(2) The Board may make model bye-laws to be to adopted by insolvency professional agencies which
may provide for—
(a) the minimum standards of professional competence of the members of insolvency
professional agencies;
(b) the standards for professional and ethical conduct of the members of insolvency professional
agencies;
(c) requirements for enrolment of persons as members of insolvency professional agencies which
shall be non-discriminatory;
Explanation.—For the purposes of this clause, the term “non-discriminatory” means lack of
discrimination on the grounds of religion, caste, gender or place of birth and such other grounds as
may be specified;
(d) the manner of granting membership;
(e) setting up of a governing board for internal governance and management of insolvency
professional agency in accordance with the regulations specified by the Board;
(f) the information required to be submitted by members including the form and the time for
submitting such information;
(g) the specific classes of persons to whom services shall be provided at concessional rates or for
no remuneration by members;
(h) the grounds on which penalties may be levied upon the members of insolvency professional
agencies and the manner thereof;
(i) a fair and transparent mechanism for redressal of grievances against the members of
insolvency professional agencies;
(j) the grounds under which the insolvency professionals may be expelled from the membership
of insolvency professional agencies;
(k) the quantum of fee and the manner of collecting fee for inducting persons as its members;
(l) the procedure for enrolment of persons as members of insolvency professional agency;
(m) the manner of conducting examination for enrolment of insolvency professionals;
(n) the manner of monitoring and reviewing the working of insolvency professional who are
members;
(o) the duties and other activities to be performed by members;
(p) the manner of conducting disciplinary proceedings against its members and imposing
penalties;
(q) the manner of utilising the amount received as penalty imposed against any insolvency
professional.
(3) Notwithstanding anything contained in any other law for the time being in force, while exercising
the powers under this Code, the Board shall have the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters,
namely:—
(i) the discovery and production of books of account and other documents, at such place and such
time as may be specified by the Board;
(ii) summoning and enforcing the attendance of persons and examining them on oath;
(iii) inspection of any books, registers and other documents of any person at any place;
(iv) issuing of commissions for the examination of witnesses or documents.
Notes:
1 Ins. by Act 26 of 2018, s 32 (w.e.f. 6-6-2018)
2 Subs by s 32, ibid, for "for the registration" (w.e.f. 6-6-2018)