Section 220:
Appointment of disciplinary committee.
(1) The Board shall constitute a disciplinary
committee to consider the reports of the investigating Authority submitted under sub-section (6) of
section 218:
Provided that the members of the disciplinary committee shall consist of whole-time members of the
Board only.
(2) On the examination of the report of the Investigating Authority, if the disciplinary committee is
satisfied that sufficient cause exists, it may impose penalty as specified in sub-section (3) or suspend or
cancel the registration of the insolvency professional or, suspend or cancel the registration of insolvency
professional agency or information utility as the case may be.
(3) Where any insolvency professional agency or insolvency professional or an information utility has
contravened any provision of this Code or rules or regulations made thereunder, the disciplinary
committee may impose penalty which shall be--
(i) three times the amount of the loss caused, or likely to have been caused, to persons concerned
on account of such contravention; or
(ii) three times the amount of the unlawful gain made on account of such contravention,
whichever is higher:
Provided that where such loss or unlawful gain is not quantifiable, the total amount of the penalty
imposed shall not exceed more than one crore rupees.
(4) Notwithstanding anything contained in sub-section (3), the Board may direct any person who has
made unlawful gain or averted loss by indulging in any activity in contravention of this Code, or the rules
or regulations made thereunder, to disgorge an amount equivalent to such unlawful gain or aversion of
loss.
(5) The Board may take such action as may be required to provide restitution to the person who
suffered loss on account of any contravention from the amount so disgorged, if the person who suffered
such loss is identifiable and the loss so suffered is directly attributable to such person.
(6) The Board may make regulations to specify--
(a) the procedure for claiming restitution under sub-section (5);
(b) the period within which such restitution may be claimed; and
(c) the manner in which restitution of amount may be made.